HomeMy WebLinkAboutSDP 94-06; Gemological Institute of America Inc; 1995-0392644; Notice of Restriction1698
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO )
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008 1
CTC # 1995-0392644 05-SEP-1995 12E42 Pll
nFFIClClL RECORDS SIN DIEGO-CUUH~Y-R~~O~R'S OFFICE
RF: 8.00 FEES: 16.00 GREGORY SHIM, COUNTY RECORDEK
1
- - Space above this line for Recorder's use
Parcel No. 2//-023-O3 S'Olf -
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: sbPs+m
-
This Declaration and Notice Concerning Aircraft Environmental Impacts is made
by 4mOLawL /dSfirrrr€aF&ewn. /M+ a(n) &.epemr,od , hereinafter
(name of legal owner) (individual, corporation, etc.)
referred to as the "Ownel", as developer of certain real property situated in the City of
Carlsbad, County of San Diego, State of Calitornia.
REClTALS
A. The Owner is the developer and holder of the title to certain real property
in the City of Carlsbad, County of San Diego, California, more fully
described as:
B. The property is located approximately 2 miles from the McClellan-
Palomar Airport, City of Carlsbad, San Diego County (the "Airport"),
operated by the County of San Diego, through which are conducted certain
aircraft operations on and about said Airport and over real property in the
vicinity of the Airport.
C. - Owner has no control over the operations of the Airport, including the types
of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the
flights.
NOISE FORM X2
c 1699 -.
FORM: NOISE 2 2 of 3
D. It is the desire of Owner to give notice to any potential purchaser of the real
property of the air flight operation and the fact that purchasers may be
subject to overflight, sight and sound of aircraft operating to or from the
Airport.
E. The purpose of this notice is to disclose to the fullest extent poss,ible
present and future potential impacts of noise generated by all manner of
aircraft including public, military and private aircraft which will generate
noise and other environmental impacts.
NOW, THEREFORE, in light of the above Recitals, as developer and owner of the
property, does, for itself, and its successors and assigns, give the following notice:
1.
2.
3.
4.
5.
Owner has and shall develop the property in accordance with Subdivision
Tract Parcel Map (CT/PM - approved by the City of Carlsbad, which
approval includes the requirement of the City of Carlsbad, that the
development of the property is consistent with the Land Use Element ;and
Noise Element of the General Plan of the City of Carlsbad.
That Owner has no responsibility or control over the operation of the
Airport, including without limitation, the types or number of flight
operations, types of aircraft (Including jet aircraft), timing of flisht operation,
or frequency of flights.
That the flight operations to the Airport may create significant aircraft
environmental impacts affecting the purchasers, tenants and occupants of
the property and that purchasers, tenants and occupants of the property
reside there subject to such overflight, sight and sound.
The property shall be held, conveyed, hypothecated, encumbered, leased,
rented, used, occupied and improved subject to this Declaration and
Notice. This Notice shall run with the property and shall be binding ulpon
al! parties hming or acquiring any fight, title or ifiterast in ths prrspsrty.
The purpose of this Notice is to disclose to the fullest extent possible
present and future potential impacts of noise generated by all manner of
aircraft including public and private aircraft which will generate noise and
other environmental impacts.
...
NOISE FORM X2
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1700
FORM: NOISE 2: 3 of 3
Executed this &CWm day of AUGMJ~ , 19 95: .
*OWNER:
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certiified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
Approved as to form:
RONALD R. BALL
City Attorney
NOISE FORM #2
W. mm
.. 3.
1701
CALICORNIA AILPURPOSE ACKNOWLEDGMENT
State of California
County of Los Angel es
On - before me, Toni J. Smith, Notary Public
OMe Nn*n6rdaaor-(e.p,-J”wwmmw
personally appeared Courtney A. Walker and William E. BoyaJian
N-W a sirrr(r~
TONI J SMrm executed the instrument.
COMM.CPPOIJ7 ’ f xv Pllblic - Cdifmia 2 WITNESS my hand and official seal.
Description of Attachled Document
Title or Type of DoCikent: Notice Concerning Aircraft Environmental Impacts -
[ Document Date: August 8, 1995 Number of Pages: pages -
Signer@) Other Than Named Above: -
Capacity(ies) Claimed by Signer@)
Name: Courtney A. Walker Signer’s Name: William E. Boyajien - P -. - -
0 Individual 0 Individual
&I Corporate XX Corporate
0 Partner - 0 Limited 0 General 0 Partner -!J Limited 0 General
0 Attomey-in-Fact 0 Attomey-in-Fact
0 TNStee
O@,%O/SECRETARY Ttle(s): TiUe(s): PPR~ENT -
Signer Is Representing: Signer Is Representing:
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